1) The petitioner/defendant No.1 seeks to set aside the order dt: 09.02.2015 in I.A.No.292 of 2014 in unnumbered Appeal Suit No…… of 2014 passed by learned Principal District Judge, Srikakulam dismissing the application filed under Section 5 of Limitation Act to condone the delay of 789 in preferring the appeal against the preliminary decree in O.S.No.59 of 2006 passed by Junior Civil Judge, Amadalavalasa.

2) The petitioner who is the first defendant and other defendants suffered preliminary decree in a partition suit. Aggrieved, it appears the petitioner/ first defendant filed an appeal with a delay of 789 days in the Court of Principal District Judge, Srikakulam and so, he filed I.A.No.292 of 2014 to condone the delay submitting the explanation for the delay to the effect that he went to Chennai to eke-out his livelihood and stayed there and he could not meet his counsel within time and hence inevitable delay was occurred.

a) The first respondent/plaintiff vehemently opposed the said petition on the contention that subsequent to the preliminary decree dated 31.10.2011 he filed final decree petition I.A.No.204 of 2012 before the trial Court on 22.06.2012 for appointment o